Warren Jeffs seeks dismissal of incest charges
In papers filed in Mohave County Superior Court in Kingman, Jeffs' defense team argues that incest charges must be dismissed because Arizona laws require both participants to be "18 or more years of age."
"In addition, because (suspect) and (victim) are first cousins of the half-blood, they are not within the degrees of consanguinity that are defined as incestuous under Arizona law," attorneys Richard Wright and Michael Piccarreta wrote. "Accordingly, counts 2 and 4 of the indictment must be dismissed, leaving Mr. Jeffs to stand trial as an accomplice to the charges of sexual conduct with a minor."
Mohave County Attorney Matt Smith did not dispute that his victims were both under 18 but wrote in his response that Jeffs "used his position of power and trust to place both victims into so-called 'marriages' with men who were over 18 years of age and are related to the victims as first cousins of the half-blood."
He said that while a plain reading of the statute makes the 18 and older argument, applying it that way leads to absurd results.
Smith said the relationships between the victims and their husbands in these cases are exactly what Arizona's law was designed to prevent — marriages of close blood lines that result in children. Wright and Piccarreta countered that prosecutors are asking the courts to engage in "judicial activism."
"If the prosecution wishes to broaden criminal statutes, change the language of the statute or eliminate essential elements of the offense, the proper forum is the state Legislature, not a superior court judge," the attorneys wrote.
Jeffs is scheduled to appear in court for a hearing on May 16.
The FLDS leader was convicted in Utah last year of rape as an accomplice for performing a marriage between a 14-year-old girl and her 19-year-old cousin. Jeffs was sentenced to a pair of 5-to-life sentences in the Utah State Prison. He is currently incarcerated at the Mohave County Jail, where sheriff's deputies said he has been kept in isolation since his arrival.
"Since we've had him in custody, we've had no problem," said Mohave County sheriff's spokeswoman Trish Carter. "He is not in bad health. He's pretty quiet."
Jeffs is kept in his cell for 23 hours a day. During the hour he is allowed out, he can exercise, make phone calls or receive visitors.
Recent comments
Yup, do whatever it takes to find him guilty. On as many counts...
Jonathan Wurst | May 12, 2008 at 5:07 p.m.
Mohave County attorney Matt Smith: "applying [the law the...
Red | May 12, 2008 at 11:18 a.m.
naomi should be arrested and charged with aiding and abetting ......
feds | May 12, 2008 at 9:05 a.m.
